---
kind: "section"
citation: "30 C.F.R. § 1241.11"
title: "30"
number: "1241.11"
heading: "Does my hearing request affect a penalty?"
url: "https://uscodex.org/cfr/30/1241.11"
---

# §1241.11. Does my hearing request affect a penalty?

- (a) If you do not correct the violation identified in a Notice, any penalty will continue to accrue, even if you request a hearing, except as provided in [paragraph (b)](#b) of this section.
- (b) **Standards and procedures for obtaining a stay.** If you request in a timely manner a hearing on a Notice, you may petition the DCHD to stay the assessment or accrual of penalties pending the hearing on the record and a decision by the ALJ under [§ 1241.8](/cfr/30/1241.8.md).
  - (1) You must file your petition for stay within 45 calendar days after you receive a Notice.
  - (2) You must file your petition for stay under [43 CFR 4.21(b)](/cfr/43/4.21.md?p=b), in which event:
    - (i) We may file a response to your petition within 30 days after service.
    - (ii) The 45-day requirement set out in [43 CFR 4.21(b)(4)](/cfr/43/4.21.md?p=b-4) for the ALJ to grant or deny the petition does not apply.
  - (3) If the ALJ determines that a stay is warranted, the ALJ will issue an order granting your petition, subject to your satisfaction of the following condition: within 10 days of your receipt of the order, you must post a bond or other surety instrument using the same standards and requirements as prescribed in [30 CFR part 1243](/cfr/30/part1243.md), [subpart B](/cfr/30/subpartB.md); or demonstrate financial solvency using the same standards and requirements as prescribed in [30 CFR part 1243](/cfr/30/part1243.md), [subpart C](/cfr/30/subpartC.md), for any specified, unpaid principal amount that is the subject of the Notice, any interest accrued on the principal, and the amount of any penalty set out in a Notice accrued up to the date of the ALJ order conditionally granting your petition.
  - (4)
    - (i) If you satisfy the condition to post a bond or surety instrument or demonstrate financial solvency under [paragraph (b)(3)](#b-3) of this section, the accrual of penalties will be stayed effective on the date of the ALJ's order conditionally granting your petition.
    - (ii) If you fail to satisfy the condition to post a bond or surety instrument or demonstrate financial solvency under [paragraph (b)(3)](#b-3) of this section, penalties will continue to accrue.
  - (5) Notwithstanding paragraphs [(b)(1)](#b-1), [(2)](#b-2), [(3)](#b-3), and [(4)](#b-4) of this section, if the ALJ determines that your defense to a Notice is frivolous, and a civil penalty is owed, you will forfeit the benefit of the stay, and penalties will be calculated as if no stay had been granted.

## Notes

### Authority

Authority: 25 U.S.C. 396 et seq. , 396a et seq. , 2101 et seq. ; 30 U.S.C. 181 et seq. , 351 et seq. , 1001 et seq. , 1701 et seq. ; 43 U.S.C. 1301 et seq. , 1331 et seq. , 1801 et seq.

### Source

Source: 81 FR 50316, Aug. 1, 2016, unless otherwise noted.